Balanar Steel Fabricators Pty Ltd

[2014] FWCA 8315

[2014] FWCA 8315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Balanar Steel Fabricators Pty Ltd
(AG2014/9855)

BALANAR STEEL FABRICATIONS PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 29 OCTOBER 2014

Application for approval of the Balanar Steel Fabrications Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Balanar Steel Fabrications Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Balanar Steel Fabricators Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement as lodged with this application contained errors in relation to the name of the employer. The employer was named in the Agreement as ‘Balanar Steel Fabrications Pty Ltd’. The Director of the employer, Mr William Gardiner, has written requesting that the misstating of the employer’s name be corrected as an administrative error. Pursuant to s.586 of the Act, I accept that the name of the employer where appearing in the Agreement is corrected to read ‘Balanar Steel Fabricators Pty Ltd’.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AMWU.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 5 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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